Section 301(a)(2) of the Help America Vote Act of 2002
(42 U.S.C. 15481(a)(2)) is amended to read as follows:

(2)

Ballot
verification and audit capacity

(A)

In
general

(i)

The voting system shall require the use of
or produce an individual voter-verified paper ballot of the voter’s vote that
shall be created by or made available for inspection and verification by the
voter before the voter’s vote is cast and counted. For purposes of this clause,
examples of such a ballot include a paper ballot marked by the voter for the
purpose of being counted by hand or read by an optical scanner or other similar
device, a paper ballot prepared by the voter to be mailed to an election
official (whether from a domestic or overseas location), a paper ballot created
through the use of a ballot marking device or system, or a paper ballot
produced by a touch screen or other electronic voting machine, so long as in
each case the voter is permitted to verify the ballot in a paper form in
accordance with this subparagraph.

(ii)

The voting system shall provide the voter
with an opportunity to correct any error made by the system in the
voter-verified paper ballot before the permanent voter-verified paper ballot is
preserved in accordance with subparagraph (B)(i).

(iii)

The voting
system shall not preserve the voter-verifiable paper ballots in any manner that
makes it possible, at any time after the ballot has been cast, to associate a
voter with the record of the voter’s vote.

(B)

Manual audit
capacity

(i)

The
permanent voter-verified paper ballot produced in accordance with subparagraph
(A) shall be preserved—

(I)

in the case of
votes cast at the polling place on the date of the election, within the polling
place in the manner or method in which all other paper ballots are preserved
within such polling place;

(II)

in the case of
votes cast at the polling place prior to the date of the election or cast by
mail, in a manner which is consistent with the manner employed by the
jurisdiction for preserving such ballots in general; or

(III)

in the absence of
either such manner or method, in a manner which is consistent with the manner
employed by the jurisdiction for preserving paper ballots in general.

(ii)

Each paper ballot
produced pursuant to subparagraph (A) shall be suitable for a manual audit
equivalent to that of a paper ballot voting system.

(iii)

In the event of any inconsistencies or
irregularities between any electronic vote tallies and the vote tallies
determined by counting by hand the individual permanent paper ballots produced
pursuant to subparagraph (A), and subject to subparagraph (D), the individual
permanent paper ballots shall be the true and correct record of the votes cast
and shall be used as the official ballots for purposes of any recount or audit
conducted with respect to any election for Federal office in which the voting
system is used.

(C)

Special rule for
votes cast by absent military and overseas voters

In the case of votes cast by absent
uniformed services voters and overseas voters under the Uniformed and Overseas
Citizens Absentee Voting Act, the ballots cast by such voters shall serve as
the permanent paper ballot under subparagraph (A) in accordance with protocols
established by the Commission, in consultation with the Secretary of Defense
after notice and opportunity for public comment, which preserve the privacy of
the voter and are consistent with the requirements of such Act and this Act,
except that to the extent that such protocols permit the use of electronic mail
in the delivery or submission of such ballots, paragraph (11) shall not apply
with respect to the delivery or submission of the ballots.

(D)

Special rule for
treatment of disputes when paper ballots have been shown to be
compromised

In the event of
any inconsistency between any electronic vote tallies and the vote tallies
determined by counting by hand the individual permanent paper ballots produced
pursuant to subparagraph (A), any person seeking to show that the electronic
vote tally should be given preference in determining the official count for the
election shall be required to demonstrate, by clear and convincing evidence,
that the paper ballots have been compromised (by damage or mischief or
otherwise) and that a sufficient number of the ballots have been so compromised
that the result of the election would be changed. For purposes of the previous
sentence, the paper ballots associated with each voting machine shall be
considered on a voting-machine-by-voting-machine basis, and only the sets of
paper ballots deemed compromised, if any, shall be considered in the
calculation of whether or not the election would be changed due to the
compromised paper
ballots.

Section 301(a)(4) of such Act (42 U.S.C.
15481(a)(4)) is amended by inserting (including the paper ballots
required to be produced under paragraph (2) and the notice required under
paragraph (8)) after voting system.

(3)

Other conforming
amendments

Section 301(a)(1) of such Act (42 U.S.C. 15481(a)(1))
is amended—

(A)

in subparagraph
(A)(i), by striking counted and inserting counted, in
accordance with paragraphs (2) and (3);

(B)

in subparagraph
(A)(ii), by striking counted and inserting counted, in
accordance with paragraphs (2) and (3);

(C)

in subparagraph
(A)(iii), as amended by paragraph (2), by striking counted each
place it appears and inserting counted, in accordance with paragraphs
(2) and (3); and

(D)

in subparagraph
(B)(ii), by striking counted and inserting counted, in
accordance with paragraphs (2) and (3).

(b)

Accessibility
and Ballot Verification for Individuals With Disabilities

(1)

In
general

Section 301(a)(3)(B) of such Act (42 U.S.C.
15481(a)(3)(B)) is amended to read as follows:

(B)(i)

satisfy the requirement of subparagraph (A)
through the use of at least one voting system equipped for individuals with
disabilities at each polling place; and

(ii)

meet the requirements of subparagraph (A)
and paragraph (2)(A) by using a system that—

(I)

allows the voter to privately and
independently verify the content of the permanent paper ballot through the
conversion of the printed content into accessible media, and

(II)

ensures that the
entire process of ballot verification and vote casting is equipped for
individuals with
disabilities.

.

(2)

Specific
requirement of study, testing, and development of accessible ballot
verification mechanisms

(A)

Study and
reporting

Subtitle C of title II of such Act (42 U.S.C. 15381 et
seq.) is amended—

(i)

by
redesignating section 247 as section 248; and

(ii)

by
inserting after section 246 the following new section:

247.

Study and report
on accessible ballot verification mechanisms

(a)

Study and
Report

The Director of the
National Institute of Standards and Technology shall study, test, and develop
best practices to enhance the accessibility of ballot verification mechanisms
for individuals with disabilities, for voters whose primary language is not
English, and for voters with difficulties in literacy, including best practices
for the mechanisms themselves and the processes through which the mechanisms
are used. In carrying out this section, the Director shall specifically
investigate existing and potential methods or devices that will assist such
individuals and voters in creating voter-verified paper ballots and in reading
or transmitting the information printed or marked on such ballots back to such
individuals and voters.

(b)

Deadline

The
Director shall complete the requirements of subsection (a) not later than
January 1, 2010.

(c)

Authorization of
Appropriations

There are authorized to be appropriated to carry
out subsection (a) $1,000,000, to remain available until
expended.

.

(B)

Clerical
amendment

The table of contents of such Act is amended—

(i)

by
redesignating the item relating to section 247 as relating to section 248;
and

(ii)

by
inserting after the item relating to section 246 the following new item:

Clarification of
accessibility standards under voluntary voting system guidance

In
adopting any voluntary guidance under subtitle B of title III of the Help
America Vote Act with respect to the accessibility of the ballot verification
requirements for individuals with disabilities, the Election Assistance
Commission shall include and apply the same accessibility standards applicable
under the voluntary guidance adopted for accessible voting systems under such
subtitle.

(c)

Additional
Voting System Requirements

(1)

Requirements
described

Section 301(a) of such Act (42 U.S.C. 15481(a)) is
amended by adding at the end the following new paragraphs:

(7)

Instruction of
election officials

Each State shall ensure that all election
officials are instructed on the right of any individual who requires assistance
to vote by reason of blindness, other disability, or inability to read or write
to be given assistance by a person chosen by that individual under section 208
of the Voting Rights Act of
1965.

(8)

Instruction
reminding voters of importance of verifying paper ballot

(A)

In
general

The appropriate election official at each polling place
shall cause to be placed in a prominent location in the polling place a notice
containing the following statement, in boldface type, large font, and using
only upper-case letters: THE PAPER BALLOT REPRESENTING YOUR VOTE SHALL
SERVE AS THE VOTE OF RECORD IN ALL RECOUNTS AND AUDITS. DO NOT LEAVE THE VOTING
BOOTH UNTIL YOU HAVE CONFIRMED THAT IT ACCURATELY RECORDS YOUR
VOTE.

(B)

Systems for
individuals with disabilities

All voting systems equipped for individuals
with disabilities shall transmit by accessible media the statement referred to
in subparagraph (A), as well as an explanation of the verification process
described in paragraph (3)(B)(ii).

(9)

Prohibition of
use of undisclosed software in voting systems

No voting system used in an election for
Federal office shall at any time contain or use any software not certified by
the State for use in the election or any software undisclosed to the State in
the certification process. The appropriate election official shall disclose, in
electronic form, the source code, object code, and executable representation of
the voting system software and firmware to the Commission, including ballot
programming files, and the Commission shall make that source code, object code,
executable representation, and ballot programming files available for
inspection promptly upon request to any person.

(10)

Prohibition of
use of wireless communications devices in voting systems

No
voting system shall contain, use, or be accessible by any wireless, power-line,
remote, wide area, or concealed communication device at all.

(11)

Prohibiting
connection of system or transmission of system information over the
internet

No component of any voting device upon which votes are
cast shall be connected to the Internet at any time.

(12)

Security
standards for voting systems used in Federal elections

(A)

In
general

No voting system may be used in an election for Federal
office unless the manufacturer of such system and the election officials using
such system meet the applicable requirements described in subparagraph
(B).

(B)

Requirements
described

The requirements described in this subparagraph are as
follows:

(i)

The manufacturer
and the election officials shall document the secure chain of custody for the
handling of all software, hardware, vote storage media, and ballots used in
connection with voting systems, and shall make the information available upon
request to the Commission.

(ii)

The manufacturer
of the software used in the operation of the system shall provide the
appropriate election official with updated information regarding the
identification of each individual who participated in the writing of the
software, including specific information regarding whether the individual has
ever been convicted of a crime involving election, accounting, or computer
security fraud.

(iii)

The manufacturer
shall provide the appropriate election official with the information necessary
for the official to provide information to the Commission under paragraph
(9).

(iv)

After the appropriate election official has
certified the source code, object code, and executable representation of the
voting system software for use in an election, the manufacturer may not—

(I)

alter such codes
and representation; or

(II)

insert or use in
the voting system any software not certified by the State for use in the
election.

(v)

The appropriate election official shall
ensure that all voting machines and related supplies to be used in the election
shall remain secured within storage facilities arranged for by the election
official, and shall not be removed from such facilities until such time as they
are to be delivered to the relevant polling place and secured at the polling
place until used in the election.

(vi)

The manufacturer
shall meet standards established by the Commission to prevent the existence or
appearance of any conflict of interest with respect to candidates for public
office and political parties, including standards to ensure that the
manufacturer’s officers and directors do not hold positions of authority in any
political party or in any partisan political campaign, and shall certify to the
Commission not later than January 31 of each even-numbered year that it meets
the standards established under this clause.

(vii)

At the request
of the Commission, the appropriate election official shall submit information
to the Commission regarding the State’s compliance with this
subparagraph.

(13)

Durability and
readability requirements for ballots

(A)

Durability
requirements for paper ballots

All voter-verified paper ballots
required to be used under this Act (including the emergency paper ballots used
under paragraph (14)) shall be marked, printed, or recorded on durable paper of
archival quality capable of withstanding multiple counts and recounts without
compromising the fundamental integrity of the ballots, and capable of retaining
the information marked, printed, or recorded on them for the full duration of
the retention and preservation period called for by title III of the Civil
Rights Act of 1960 (42 U.S.C. 1974 et seq.) or under applicable State law,
whichever is longer.

(B)

Readability
requirements for machine-marked or printed paper ballots

All voter-verified paper ballots marked or
printed through the use of a marking or printing device shall be clearly
readable by the naked eye and by a scanner or other device equipped for voters
with disabilities.

(14)

Prohibiting
turning individuals away from polling places because of problems with or
shortages of equipment, ballots, or supplies

(A)

Ensuring
adequate equipment and supplies

Each State shall ensure that the voting
systems it uses to conduct elections for Federal office are designed in a
manner that ensures that no voter will be unable to cast a ballot at a polling
place due to a shortage or failure of voting equipment, ballots, or necessary
supplies.

(B)

Use of emergency
paper ballots in case of system or equipment failure

In the event of the failure of voting
equipment or other circumstance at a polling place that causes a delay, any
individual who is waiting at the polling place to cast a ballot in an election
for Federal office and who would be delayed due to such failure or other
circumstance shall be advised immediately of the individual’s right to use an
emergency paper ballot, and upon request shall be provided with an emergency
paper ballot for the election and the supplies necessary to mark the ballot.
Any emergency paper ballot which is cast by an individual under this
subparagraph shall be counted and otherwise treated as a regular ballot and not
as a provisional ballot, unless the individual casting the ballot would have
otherwise been required to cast a provisional ballot if the voting equipment at
the polling place had not
failed.

.

(2)

Requiring
laboratories to meet standards prohibiting conflicts of interest as condition
of accreditation for testing of voting system hardware and software

(A)

In
general

Section 231(b) of such Act (42 U.S.C. 15371(b)) is
amended by adding at the end the following new paragraphs:

(3)

Prohibiting
conflicts of interest; ensuring availability of results

(A)

In
general

A laboratory may not be accredited by the Commission for
purposes of this section unless—

(i)

the laboratory
certifies that the only compensation it receives for the testing carried out in
connection with the certification, decertification, and recertification of the
manufacturer’s voting system hardware and software is the payment made from the
Testing Escrow Account under paragraph (4);

(ii)

the laboratory
meets the standards applicable to the manufacturers of voting systems under
section 301(a)(11)(B)(vi), together with such standards as the Commission shall
establish (after notice and opportunity for public comment) to prevent the
existence or appearance of any conflict of interest in the testing carried out
by the laboratory under this section, including standards to ensure that the
laboratory does not have a financial interest in the manufacture, sale, and
distribution of voting system hardware and software, and is sufficiently
independent from other persons with such an interest;

(iii)

the laboratory certifies that it will
permit an expert designated by the Commission to observe any testing the
laboratory carries out under this section; and

(iv)

the laboratory,
upon completion of any testing carried out under this section, discloses the
test protocols, results, and all communication between the laboratory and the
manufacturer to the Commission.

(B)

Availability of
results

Upon receipt of information under subparagraph (A), the
Commission shall make the information available promptly to election officials
and the public.

(4)

Procedures for
conducting testing; payment of user fees for compensation of accredited
laboratories

(A)

Establishment of
escrow account

The Commission
shall establish an escrow account (to be known as the Testing Escrow
Account) for making payments to accredited laboratories for the costs
of the testing carried out in connection with the certification,
decertification, and recertification of voting system hardware and
software.

(B)

Schedule of
fees

In consultation with the
accredited laboratories, the Commission shall establish and regularly update a
schedule of fees for the testing carried out in connection with the
certification, decertification, and recertification of voting system hardware
and software, based on the reasonable costs expected to be incurred by the
accredited laboratories in carrying out the testing for various types of
hardware and software.

(C)

Requests and
payments by manufacturers

A
manufacturer of voting system hardware and software may not have the hardware
or software tested by an accredited laboratory under this section
unless—

(i)

the manufacturer
submits a detailed request for the testing to the Commission; and

(ii)

the manufacturer
pays to the Commission, for deposit into the Testing Escrow Account established
under subparagraph (A), the applicable fee under the schedule established and
in effect under subparagraph (B).

(D)

Selection of
laboratory

Upon receiving a request for testing and the payment
from a manufacturer required under subparagraph (C), the Commission shall
select at random, from all laboratories which are accredited under this section
to carry out the specific testing requested by the manufacturer, an accredited
laboratory to carry out the testing.

(E)

Payments to
laboratories

Upon receiving a
certification from a laboratory selected to carry out testing pursuant to
subparagraph (D) that the testing is completed, along with a copy of the
results of the test as required under paragraph (3)(A)(iii), the Commission
shall make a payment to the laboratory from the Testing Escrow Account
established under subparagraph (A) in an amount equal to the applicable fee
paid by the manufacturer under subparagraph (C)(ii).

(5)

Dissemination of
additional information on accredited laboratories

(A)

Information on
testing

Upon completion of
the testing of a voting system under this section, the Commission shall
promptly disseminate to the public the identification of the laboratory which
carried out the testing.

(B)

Laboratories
with accreditation revoked or suspended

If the Commission
revokes, terminates, or suspends the accreditation of a laboratory under this
section, the Commission shall promptly notify Congress, the chief State
election official of each State, and the
public.

.

(B)

Conforming
amendments

Section 231 of such Act (42 U.S.C. 15371) is further
amended—

(i)

in
subsection (a)(1), by striking testing, certification, and all
that follows and inserting the following: testing of voting system
hardware and software by accredited laboratories in connection with the
certification, decertification, and recertification of the hardware and
software for purposes of this Act.;

(ii)

in
subsection (a)(2), by striking testing, certification, and all
that follows and inserting the following: testing of its voting system
hardware and software by the laboratories accredited by the Commission under
this section in connection with certifying, decertifying, and recertifying the
hardware and software.;

(iii)

in
subsection (b)(1), by striking testing, certification, decertification,
and recertification and inserting testing; and

(iv)

in
subsection (d), by striking testing, certification, decertification, and
recertification each place it appears and inserting
testing.

(C)

Deadline for
establishment of standards and escrow account

The Election
Assistance Commission shall establish the standards described in section
231(b)(3) of the Help America Vote Act of 2002 and the Testing Escrow Account
described in section 231(b)(4) of such Act (as added by subparagraph (A)) not
later than January 1, 2008.

(3)

Special
certification of ballot durability and readability requirements for States not
currently using paper ballots

If any of the voting systems used
in a State for the regularly scheduled 2006 general elections for Federal
office did not operate by having voters cast votes on paper ballots (such as
through the use of an optical scan voting system), the State shall certify to
the Election Assistance Commission not later than 90 days after the date of the
enactment of this Act that the State will be in compliance with the
requirements of section 301(a)(13) of the Help America Vote of 2002, as added
by paragraph (1), in accordance with the deadline established under this Act,
and shall include in the certification the methods by which the State will meet
the requirements.

(d)

Availability of
Additional Funding to Enable States to Meet Costs of Revised
Requirements

(1)

Extension of
requirements payments for meeting revised requirements

Section
257(a) of the Help America Vote Act of 2002 (42 U.S.C. 15407(a) is amended by
adding at the end the following new paragraph:

(4)

For fiscal year 2007, $300,000,000, except
that any funds provided under the authorization made by this paragraph shall be
used by a State only to meet the requirements of title III which are first
imposed on the State pursuant to the amendments made by section 2 of the Voter
Confidence and Increased Accessibility Act of 2007, or to otherwise modify or
replace its voting systems in response to such
amendments.

.

(2)

Use of revised
formula for allocation of funds

Section 252(b) of such Act (42
U.S.C. 15402(b)) is amended to read as follows:

(b)

State Allocation
Percentage Defined

(1)

In
general

Except as provided in
paragraph (2), the State allocation percentage for a State is
the amount (expressed as a percentage) equal to the quotient of—

(A)

the voting age population of the State (as
reported in the most recent decennial census); and

(B)

the total voting age population of all
States (as reported in the most recent decennial census).

(2)

Special rule for
payments for fiscal year 2007

(A)

In
general

In the case of the requirements payment made to a State
for fiscal year 2007, the State allocation percentage for a
State is the amount (expressed as a percentage) equal to the quotient
of—

(i)

the number of
remedial precincts in the State; and

(ii)

the total number
of remedial precincts in all States.

(B)

Remedial
precinct defined

In this
paragraph, a remedial precinct means any precinct (or equivalent
location) within the State for which the voting system used to administer the
regularly scheduled general election for Federal office held in November
2006—

(i)

did not use paper as the medium for vote
casting, or if the system used paper, did not use durable paper of archival
quality; or

(ii)

did not provide that the entire process of
ballot verification was equipped for individuals with
disabilities.

.

(3)

Increase in
State minimum share of payment

Section 252(c) of such Act (42
U.S.C. 15402(c)) is amended—

(A)

in paragraph (1),
by inserting after one-half of 1 percent the following:
(or, in the case of the payment made for fiscal year 2007, 1
percent); and

(B)

in paragraph (2),
by inserting after one-tenth of 1 percent the following:
(or, in the case of the payment made for fiscal year 2007, one-half of 1
percent).

(4)

Revised
conditions for receipt of funds

Section 253 of such Act (42
U.S.C. 15403) is amended—

(A)

in subsection (a),
by striking A State is eligible and inserting Except as
provided in subsection (f), a State is eligible; and

(B)

by adding at the
end the following new subsection:

(f)

Special Rule for
Fiscal Year 2007

Notwithstanding any other provision of this
part, a State is eligible to receive a requirements payment for fiscal year
2007 if—

(1)

not later than 30
days after the date of the enactment of the Voter Confidence and Increased
Accessibility Act of 2007, the State certifies to the Commission the number of
remedial precincts in the State (as defined in section 252(b)(2)(B));
and

(2)

not later than 90
days after the date of the enactment of such Act, the chief executive officer
of the State, or designee, in consultation and coordination with the chief
State election official, has filed a statement with the Commission describing
the State’s need for the payment and how the State will use the payment to meet
the requirements of title III (in accordance with the limitations applicable to
the use of the payment under section
257(a)(4)).

.

(5)

Permitting use of
funds for reimbursement for costs previously incurred

Section
251(c)(1) of such Act (42 U.S.C. 15401(c)(1)) is amended by striking the period
at the end and inserting the following: , or as a reimbursement for any
costs incurred in meeting the requirements of title III which are imposed
pursuant to the amendments made by section 2 of the Voter Confidence and
Increased Accessibility Act of 2007 or in otherwise modifying or replacing
voting systems in response to such amendments..

(6)

Rule of
construction regarding States receiving other funds for replacing punch card,
lever, or other voting machines

Nothing in the amendments made by
this subsection or in any other provision of the Help America Vote Act of 2002
may be construed to prohibit a State which received or was authorized to
receive a payment under title I or II of such Act for replacing punch card,
lever, or other voting machines from receiving or using any funds which are
made available under the amendments made by this subsection.

(7)

Effective
date

The amendments made by this subsection shall apply with
respect to fiscal years beginning with fiscal year 2007.

3.

Enhancement of
Enforcement of Help America Vote Act of 2002

Section 401 of such Act (42 U.S.C. 15511) is
amended—

(1)

by striking
The Attorney General and inserting (a)
In General.—The
Attorney General; and

(2)

by
adding at the end the following new subsections:

(b)

Filing of
Complaints by Aggrieved Persons

(1)

In
general

A person who is aggrieved by a violation of section 301,
302, or 303 which has occurred, is occurring, or is about to occur may file a
written, signed, notarized complaint with the Attorney General describing the
violation and requesting the Attorney General to take appropriate action under
this section.

(2)

Response by
Attorney General

The Attorney General shall respond to each
complaint filed under paragraph (1), in accordance with procedures established
by the Attorney General that require responses and determinations to be made
within the same (or shorter) deadlines which apply to a State under the
State-based administrative complaint procedures described in section
402(a)(2).

(c)

Clarification of
availability of private right of action

Nothing in this section
may be construed to prohibit any person from bringing an action under section
1979 of the Revised Statutes of the United States (42 U.S.C. 1983) (including
any individual who seeks to enforce the individual’s right to a voter-verified
paper ballot, the right to have the voter-verified paper ballot counted in an
election, or any other right under subtitle A of title III) to enforce the
uniform and nondiscriminatory election technology and administration
requirements under sections 301, 302, and 303.

(d)

No effect on
State procedures

Nothing in this section may be construed to
affect the availability of the State-based administrative complaint procedures
required under section 402 to any person filing a complaint under this
subsection.

.

4.

Extension of
Authorization of Election Assistance Commission

(a)

In
General

Section 210 of the
Help America Vote Act of 2002 (42 U.S.C. 15330) is amended by striking
each of the fiscal years 2003 through 2005 and inserting
each fiscal year beginning with fiscal year 2003.

(b)

Effective
Date

The amendment made by subsection (a) shall take effect as if
included in the enactment of the Help America Vote Act of 2002.

5.

Requirement for
mandatory manual audits by hand count

(a)

Mandatory Manual
Audits by Election Audit Boards

Title III of the Help America
Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended by adding at the end the
following new subtitle:

C

Mandatory Manual
Audits by Election Audit Boards

321.

Establishment
of Election Audit Boards

(a)

Establishment

Not later than 60 days before the date of
each election for Federal office held in the State, the chief auditor of each
State shall appoint an Election Audit Board to administer, without advance
notice to the precincts selected, random hand counts of the voter-verified
paper ballots required to be produced and preserved pursuant to section
301(a)(2) for each such election held in the State (and, at the option of the
State or jurisdiction involved, of elections for State and local office held at
the same time as such election).

(b)

Composition

(1)

In
general

Each political party
in the State with a candidate in any of the regularly scheduled elections for
Federal office held in the State whose candidates in the most recent regularly
scheduled general elections in the State received at least 5% of the aggregate
number of all votes cast in such elections, together with any independent
candidate who received at least 5% of the aggregate number of all votes cast in
the most recent regularly scheduled general elections in the State, shall
select a qualified individual for appointment to the Election Audit Board of
the State.

(2)

Unaffiliated
members

In addition to the individuals serving on the Board
pursuant to paragraph (1), the chief auditor of the State shall appoint
qualified individuals who are not nominated by any political party or candidate
and who are not employees or agents of any political party or candidate to
serve on the Board. The number of individuals appointed pursuant to this
paragraph shall be sufficient to ensure that the total number of individuals
serving on the Board is an odd number not less than 7.

(3)

Qualifications

An
individual is qualified to be appointed to the Board if the individual has
professional experience in carrying out audits on an impartial basis, and does
not have any conflict of interest with the manufacturer or vendor of any voting
system which was used in any of the elections that will be audited by the
Board.

(4)

Diversity in
appointments

In making
appointments to the Board, the chief auditor of the State shall (to the
greatest extent practicable) ensure that the members of the Board reflect the
demographic composition of the voting age population of the State.

(c)

Special Rule For
Runoff and Special Elections

(1)

Runoff
elections

If a runoff election for Federal office is held in the
State, the Election Audit Board which was appointed for the initial election
which resulted in the runoff election shall serve as the Election Audit Board
with respect to the runoff election.

(2)

Special
elections

If a special election for Federal office is held in the
State (other than a special election held on the same date as the date of a
regularly scheduled election for Federal office), the Election Audit Board
which was appointed for the most recent regularly scheduled election for
Federal office in the State shall serve as the Election Audit Board with
respect to the special election.

(d)

Chief Auditor
Defined

In this subsection, the chief auditor of a
State is an official of the State government, who, as designated by the
Attorney General of the State and certified by the Attorney General of the
State to the Commission, is responsible for conducting annual audits of the
operations of the government of the State under the laws or constitution of the
State, except that in no case may an individual serve as the chief auditor of a
State under this subsection if the individual is the chief State election
official.

322.

Number of
Ballots Counted Under Audit

(a)

In
General

Except as provided in
subsection (b), the number of voter-verified paper ballots which will be
subject to a hand count administered by the Election Audit Board of a State
under this subtitle with respect to an election shall be determined as
follows:

(1)

In the event that the unofficial count as
described in section 323(a)(1) reveals that the margin of victory between the
two candidates receiving the largest number of votes in the election is less
than 1 percent of the total votes cast in that election, the hand counts of the
voter-verified paper ballots shall occur in 10 percent of all precincts (or
equivalent locations) in the Congressional district involved (in the case of an
election for the House of Representatives) or the State (in the case of any
other election for Federal office).

(2)

In the event that the unofficial count as
described in section 323(a)(1) reveals that the margin of victory between the
two candidates receiving the largest number of votes in the election is greater
than or equal to 1 percent but less than 2 percent of the total votes cast in
that election, the hand counts of the voter-verified paper ballots shall occur
in 5 percent of all precincts (or equivalent locations) in the Congressional
district involved (in the case of an election for the House of Representatives)
or the State (in the case of any other election for Federal office).

(3)

In the event that the unofficial count as
described in section 323(a)(1) reveals that the margin of victory between the
two candidates receiving the largest number of votes in the election is equal
to or greater than 2 percent of the total votes cast in that election, the hand
counts of the voter-verified paper ballots shall occur in 3 percent of all
precincts (or equivalent locations) in the Congressional district involved (in
the case of an election for the House of Representatives) or the State (in the
case of any other election for Federal office).

(b)

Use of
Alternative Mechanism

Notwithstanding subsection (a), a State may
adopt and apply an alternative mechanism to determine the number of
voter-verified paper ballots which will be subject to the hand counts required
under this subtitle with respect to an election, so long as the National
Institute of Standards and Technology determines that the alternative mechanism
will be at least as effective in ensuring the accuracy of the election results
and as transparent as the procedure under subsection (a).

323.

Process For
Administering Audits

(a)

In
General

The Election Audit Board of a State shall administer an
audit under this section of the results of an election in accordance with the
following procedures:

(1)

Within 24 hours
after the State announces the final unofficial vote count in each precinct in
the State, the Board shall determine and then announce the precincts in the
State in which it will administer the audits.

(2)

With respect to votes cast at the precinct
or equivalent location on or before the date of the election (other than
provisional ballots described in paragraph (3)), the Board shall administer the
hand count of the votes on the paper voter-verified ballots required to be
produced and preserved under section 301(a)(2)(A) and the comparison of the
count of the votes on those ballots with the final unofficial count of such
votes as announced by the State.

(3)

With respect to
votes cast other than at the precinct on the date of the election (other than
votes cast before the date of the election described in paragraph (2)) or votes
cast by provisional ballot on the date of the election which are certified and
counted by the State on or after the date of the election, including votes cast
by absent uniformed services voters and overseas voters under the Uniformed and
Overseas Citizens Absentee Voting Act, the Board shall administer the hand
count of the applicable voter-verified ballots required to be produced and
preserved under section 301(a)(2)(A) and section 301(a)(2)(B) and compare the
count it administers with the count of such votes as announced by the
State.

(b)

Special rule in
case of delay in reporting absentee vote count

In the case of a
State in which, under State law, the final count of absentee and provisional
votes is not announced until after the expiration of the 7-day period which
begins on the date of the election, the Election Audit Board shall initiate the
process described in subsection (a) for administering the audit not later than
24 hours after the State announces the final unofficial vote count for the
votes cast at the precinct or equivalent location on or before the date of the
election, and shall initiate the administration of the audit of the absentee
and provisional votes pursuant to subsection (a)(3) not later than 24 hours
after the State announces the final unofficial count of such votes.

(c)

Additional Audits
if Cause Shown

(1)

In
general

If the Election Audit Board finds that any of the hand
counts administered under this section do not match the final unofficial tally
of the results of an election, the Board shall administer hand counts under
this section of such additional precincts (or equivalent jurisdictions) as the
Board considers appropriate to resolve any concerns resulting from the audit
and ensure the accuracy of the results.

Not later than January 1, 2008, each State
shall establish and publish procedures for carrying out the additional audits
under this subsection, including the means by which the State shall resolve any
concerns resulting from the audit with finality and ensure the accuracy of the
results.

(d)

Public
Observation of Audits

Each
audit conducted under this section shall be conducted in a manner that allows
public observation of the entire process.

324.

Selection of
Precincts

(a)

In
General

Except as provided in
subsection (c), the selection of the precincts in the State in which the
Election Audit Board of the State shall administer the hand counts under this
subtitle shall be made by the Board on an entirely random basis using a uniform
distribution in which all precincts in a State have an equal chance of being
selected, in accordance with such procedures as the Commission determines
appropriate, except that—

(1)

at least one
precinct shall be selected at random in each county; and

(2)

the Commission
shall publish the procedures in the Federal Register prior to the selection of
the precincts.

(b)

Public
Selection

The random selection of precincts under subsection (a)
shall be conducted in public, at a time and place announced in advance.

(c)

Mandatory
Selection of Precincts Established Specifically For Absentee
Ballots

If a State
establishes a separate precinct for purposes of counting the absentee ballots
cast in an election and treats all absentee ballots as having been cast in that
precinct, and if the state does not make absentee ballots sortable by precinct,
the State shall include that precinct among the precincts in the State in which
the Election Audit Board shall administer the hand counts under this
subtitle.

325.

Publication of
Results

(a)

Submission to
Commission

As soon as practicable after the completion of an
audit under this subtitle, the Election Audit Board of a State shall submit to
the Commission the results of the audit, and shall include in the submission a
comparison of the results of the election in the precinct as determined by the
Board under the audit and the final unofficial vote count in the precinct as
announced by the State, as well as a list of any discrepancies discovered
between the initial, subsequent, and final hand counts administered by the
Board and such final unofficial vote count and any explanation for such
discrepancies, broken down by the categories of votes described in paragraphs
(2) and (3) of section 323(a).

(b)

Publication by
Commission

Immediately after receiving the submission of the
results of an audit from the Election Audit Board of a State under subsection
(a), the Commission shall publicly announce and publish the information
contained in the submission.

(c)

Delay in
certification of results by State

(1)

Prohibiting
certification until completion of audits

No State may certify the
results of any election which is subject to an audit under this subtitle prior
to the completion of the audit and the announcement and submission of the
results of the audit to the Commission for publication of the information
required under this section.

(2)

Deadline for
completion of audits of Presidential elections

In the case of an
election for electors for President and Vice President which is subject to an
audit under this subtitle, the State shall complete the audits and announce and
submit the results to the Commission for publication of the information
required under this section in time for the State to certify the results of the
election and provide for the final determination of any controversy or contest
concerning the appointment of such electors prior to the deadline described in
section 6 of title 3, United States Code.

326.

Payments to
States

(a)

Payments For
Costs of Conducting Audits

In accordance with the requirements
and procedures of this section, the Commission shall make a payment to a State
to cover the costs incurred by the State in carrying out this subtitle with
respect to the elections that are the subject of the audits conducted under
this subtitle.

(b)

Certification of
Compliance and Anticipated Costs

(1)

Certification
required

In order to receive a payment under this section, a
State shall submit to the Commission, in such form as the Commission may
require, a statement containing—

(A)

a certification
that the State will conduct the audits required under this subtitle in
accordance with all of the requirements of this subtitle;

(B)

a notice of the reasonable costs
anticipated to be incurred by the State in carrying out this subtitle with
respect to the elections involved; and

(C)

such other
information and assurances as the Commission may require.

(2)

Amount of
payment

The amount of a payment made to a State under this
section shall be equal to the reasonable costs anticipated to be incurred by
the State in carrying out this subtitle with respect to the elections involved,
as set forth in the statement submitted under paragraph (1) a notice submitted
by the State to the Commission (in such form and containing such information as
the Commission may require).

(3)

Timing of
notice

The State may not submit a notice under paragraph (1)
until candidates have been selected to appear on the ballot for all of the
elections for Federal office which will be the subject of the audits
involved.

(c)

Timing of
Payments

The Commission shall make the payment required under
this section to a State not later than 30 days after receiving the notice
submitted by the State under subsection (b).

(d)

Authorization of
Appropriations

There are authorized to be appropriated to the
Commission for fiscal year 2008 and each succeeding fiscal year such sums as
may be necessary for payments under this section.

327.

Exception For
Elections Subject to Automatic Recount Under State Law

This subtitle does not apply to any election
for which a recount is required automatically under State law because of the
margin of victory between the two candidates receiving the largest number of
votes in the election. Nothing in the previous sentence may be construed to
waive the application of any other provision of this Act to any election
(including the ballot verification and audit capacity requirements of section
301(a)(2)).

328.

Effective
Date

This subtitle shall apply
with respect to elections for Federal office beginning with the regularly
scheduled general elections held in November
2008.

.

(b)

Availability of
Enforcement Under Help America Vote Act of 2002

Section 401 of such Act (42 U.S.C. 15511),
as amended by section 3, is amended—

(1)

in subsection (a),
by striking the period at the end and inserting the following: , or the
requirements of subtitle C of title III.;

(2)

in subsection
(b)(1), by striking section 303 and inserting section
303, or subtitle C of title III,; and

(3)

in subsection (c)—

(A)

by striking
subtitle A and inserting subtitles A or C,
and

(B)

by striking the
period at the end and inserting the following: , or the requirements of
subtitle C of title III..

(c)

Clerical
Amendment

The table of contents of such Act is amended by adding
at the end of the item relating to title III the following:

Subtitle C—Mandatory Manual Audits by
Election Audit Boards

Sec. 321. Establishment of Election Audit
Boards.

Sec. 322. Number of ballots counted under
audit.

Sec. 323. Process for administering
audits.

Sec. 324. Selection of
precincts.

Sec. 325. Publication of
results.

Sec. 326. Payments to States.

Sec. 327. Exception for elections subject
to automatic recount within 24 hours under State law.

Sec. 328. Effective
date.

.

6.

Repeal of
exemption of Election Assistance Commission from certain government contracting
requirements

(a)

In
general

Section 205 of the Help America Vote Act of 2002 (42
U.S.C. 15325) is amended by striking subsection (e).

(b)

Effective
date

The amendment made by subsection (a) shall apply with
respect to contracts entered into by the Election Assistance Commission on or
after the date of the enactment of this Act.

7.

Effective
date

Except as otherwise
provided, this Act and the amendments made by this Act shall apply with respect
to elections for Federal office occurring during 2008 and each succeeding
year.